Sentencing Law & Policy

The title of this post is the title of this new paper authored by Mark William Osler now avaialble via SSRN. Here is its abstract: The crack epidemic of the 20th century and the fentanyl epidemic of the 21st century... Douglas A. Berman Drug Offense Sentencing Federal Sentencing Guidelines Mandatory minimum sentencing statutes Offense Characteristics Race, Class, and Gender

Last week, a divided Tenth Circuit panel handed down yet another a notable new Second Amendment opinion regarding the (un)constitutionality of federal law’s criminal prohibition of gun possession by anyone "who is an unlawful user of or addicted to any... Douglas A. Berman Second Amendment issues Who Sentences

The quirky question in the title of this post is prompted by the latest essay by Jonathan Wroblewski over at the Sentencing Matters Substack. The essay, which should be read in full, is titled, "An AI Experiment — Part 1:... Douglas A. Berman Celebrity sentencings Technocorrections White-collar sentencing Who Sentences

Adam Gelb, who heads the Council on Criminal Justice, has this intriguing new Newsweek commentary concerning the term "early release." I recommend the piece in full, and here are excerpts (links from the original): "Early release" is used casually and... Douglas A. Berman FIRST STEP Act and its implementation Prisons and prisoners

The title of this post is the title of this new article authored by Michael Smith now available via SSRN. Here is its abstract: Defendants in criminal cases are routinely detained pending trial because they are deemed dangerous. In some... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

A couple of years ago, as noted in this post,the Drug Enforcement and Policy Center at The Ohio State University released all of Season One of a new podcast, "Drugs on the Docket." All six full episodes of this first... Douglas A. Berman Procedure and Proof at Sentencing Scope of Imprisonment Who Sentences

As reported in this AP article, a "man convicted of killing his girlfriend, her mother and a man he claimed owed him $2,000 was put to death Thursday in a record 11th execution this year by the state of Florida."... Douglas A. Berman Baze and Glossip cases and execution methods Death Penalty Reforms

The title of this post is the title of this new article now available via SSRN and authored by Tobie Smith. Here is its abstract: The Supreme Court has revitalized the jury’s role in criminal sentencing over the past quarter... Douglas A. Berman Almendarez-Torres and the prior conviction exception Mandatory minimum sentencing statutes Offender Characteristics Procedure and Proof at Sentencing Who Sentences

This press piece, headlined "US Prosecutors Challenge 'Unusually Lenient' Sentence in HashFlare Mining Fraud," reports that federal prosecutors were quick to appeal this notable federal sentencing decision in a cryptocurrency fraud handed down this week. Here is a bit of... Douglas A. Berman Federal Sentencing Guidelines Purposes of Punishment and Sentencing White-collar sentencing

I was pleased to learn via an email that The Sentencing Project has updated its report from last year (noted here) on second look sentencing developments. This new 44-page report is titled "The Second Look Movement: An Assessment of the... Douglas A. Berman Sentences Reconsidered State Sentencing Guidelines Who Sentences

The question in the title of this post is prompted by Prez Trump's latest social media posting, which asserts that "Speaker Mike Johnson, and Leader John Thune, are working with me, and other Republicans, on a Comprehensive Crime Bill." I... Douglas A. Berman Criminal justice in the Trump Administration Elections and sentencing issues in political debates Who Sentences

As reported in this CNN article, Prez Trump today was making a pitch for pursuit of the death penalty in response to ebery murder in Washington DC: President Donald Trump said that his administration will seek the death penalty in... Douglas A. Berman Criminal justice in the Trump Administration Death Penalty Reforms Who Sentences

I am very excited to be part of efforts to plan a big event here at The Ohio State University for September 8-9, 2026 titled "Originalism and Criminal Justice Symposium." Basic details about the event are available at this link,... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered

A Second Circuit panel issued a notable opinion yesterday in United States v. Mercado, No. 25-206-cr (2d Cir. Aug. 26, 2025) (available here), regarding supervised release rules. Here is how the opinion starts: The government appeals from an amended order,... Douglas A. Berman Procedure and Proof at Sentencing Reentry and community supervision

A Second Circuit panel issued a notable opinion yesterday in United States v. Mercado, No. 25-206-cr (2d Cir. Aug. 26, 2025) (available here), regarding supervised release revocation procedure. Here is how the opinion starts: The government appeals from an amended... Douglas A. Berman Procedure and Proof at Sentencing Reentry and community supervision

The title of this post is the title of this short paper authored by Mark Osler now available via SSRN. Here is its abstract: The Trump and Biden administrations established new trends in the use of the pardon power. One... Douglas A. Berman Clemency and Pardons Criminal justice in the Obama Administration Criminal justice in the Trump Administration Offense Characteristics Sentences Reconsidered Who Sentences

The Prison Policy Initiative, which has some of the best data visuals on incarceration level and other criminal justice metrics, today released this new report titled "Youth Confinement: The Whole Pie 2025." Here are excerpts from the start of the... Douglas A. Berman Offender Characteristics Prisons and prisoners Race, Class, and Gender Scope of Imprisonment

Today I start another year of teaching at The Ohio State University MorItz College of Law, and I am very much looking forward to meeting a new cohort of 1Ls in my Criminal Law class this afternoon. Much has changed... Douglas A. Berman

A set of US Supreme Court cases to be argued in November — which are already being discussing at the Sentencing Matters Substack in recent posts here and here — seems likely to bring more attention to so-called "compassionate release"... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered State Sentencing Guidelines Who Sentences

As reported in this BBC piece, headlined "Pub and travel bans proposed under sentencing rule changes," some notable reforms spurred by prison overcrowding are emerging across the pond. Here are the basics: People convicted of crimes in England and Wales... Douglas A. Berman Reentry and community supervision Scope of Imprisonment Sentencing around the world